EMACscholarship.com
Terms and Conditions of Use
Introduction
The following are the terms and conditions for the use of the
EMACscholarship.com website, which can be found at EMACscholarship.com (the
"Service" or "Site"). EMACscholarship.com reserves the right to refuse service
to anyone at any time without notice for any reason.
Definitions
In the terms and conditions that follow, the terms "user," "you" and "your"
refer to the individual or organization that creates a EMACscholarship.com
account as a Customer and the terms " EMACscholarship.com " "we," "us" and "our"
will refer to EMACscholarship.com and "Terms" refer to the terms contained in
this Agreement. "Customer" will be used to describe the person who asks
questions on this Site. "Expert" will be used to describe the person who answers
questions on this Site.
Acceptance
By using our Site in any way, you are agreeing to comply with and be bound by
the following Terms and any related "Agreements" (which include, without
limitation, the Privacy Policy or our Legal Disclaimer). Please review the
following Terms carefully. If you do not agree with the Terms or any of the
related Agreements in their entirety, do not use the Service. You must be at
least 18 years old to use this Service. Your acceptance of these Terms is
signified by checking the "I Agree" box and then completing the on-line
registration process. By doing so, you agree to be bound by all of the terms and
conditions contained in these Terms, including acknowledgement that you are over
the age of 18.
Right of Modification
EMACscholarship.com reserves the right to change, revise or modify the Terms or
any of the related Agreements at any time by posting the amended terms on the
Site. All amended terms shall automatically be effective upon posting. Your
continued use of the Service will signify your acceptance of the revised Terms
or related Agreement, as the case may be. If you do not accept the revised
terms, your sole and exclusive remedy is to discontinue using the Service. The
latest Terms and related Agreements will be posted on the Site, and you should
always review them prior to using the Site. EMACscholarship.com reserves the
right, in its sole discretion, to modify or discontinue the Services, for any
reason, without notice.
Member Accounts and
Restricted Activities
As a "user", you represent that you are authorized to create and access an
account. Through the user process, you will establish a user name and password
for access to your online account. You are responsible for maintaining the
confidentiality of your user name, account data and password.
You agree that you are solely responsible for all acts or omissions that occur under your account or password, including the content of your account as used throughout the Service. You will immediately notify EMACscholarship.com of any unauthorized use of your password or account.
Any content provided by you on the site (including any questions asked or answered) and your use of our Service shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy; (c) be illegal or violate any federal, state or local law, statute, ordinance or regulation; (d) be competitive with EMACscholarship.com(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted with "Mature Audiences Only" in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (i1) are prohibited under this Agreement; or (i2) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system without our prior consent.
You are prohibited from soliciting users of this Site for any purpose (including inviting other users to contact you outside the Site) except with advance written consent. Without limiting any other remedies, EMACscholarship.com may suspend or terminate your account if we suspect, in our sole judgment, that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site or have engaged in activities in violation of these Terms or any related Agreements with Simple-Answers.com
EMACscholarship.com is a
Venue; Release
EMACscholarship.com acts as a venue for business relationship purposes to allow
anyone to ask any business question, at anytime, from anywhere. Because we are a
business relationship venue, in the event that you have a dispute with one or
more of the Advisor’s, you release EMACscholarship.com (and our officers,
directors, agents, parents, subsidiaries, joint ventures and employees) from any
and all claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes. If you are a
California resident, you waive California Civil Code §1542, which says: "A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR"
No Assurances Given From
and No Reliance on Term "Advisor"
Throughout this Site, certain terms, including "Expert", "Specialist",
"Consultant" or "Advisor" may be used to refer to someone who claims to have
certain knowledge, background or experience that may be useful in responding to
a question posed by a user. Use of such terms provides no assurance that the
person answering your question has any expertise or qualifications to give such
advice. You acknowledge that EMACscholarship.com has not and cannot
independently verify their qualifications, but we try. If you do not like any
answer for any reason, your sole remedy is to disregard the answer.
Notwithstanding the foregoing, EMACscholarship.com reserves the right, but is
not obligated, to remove any content that it believes violates any of these
Terms, including, without limitation, any objectionable or personally
identifiable information.
Identity Verification
We verify the accuracy of the e-mail address our users provide us when they
Student Team Registration on the Site. However, because user verification on the Internet is
difficult, EMACscholarship.com cannot and does not confirm each user's purported
identity. Thus, we have established a user-initiated feedback system to help you
evaluate with whom you are dealing.
Information Control
We do not control the information within the questions provided by users that is
made available through our system, and have taken steps to review every question
prior to posting it, and its answer in this public forum. You may find other
user's information to be offensive, harmful, inaccurate, or deceptive. Please
use caution and common sense when using the Site. Please note that there are
also risks of dealing with underage persons or people acting under false
pretense. Additionally, there may also be risks dealing with international trade
and foreign nationals. By using this Site, you agree to accept such risks and
EMACscholarship.com is not responsible for the acts or omissions of users on the
Site.
The amount of storage space per member is currently limited. You agree that EMACscholarship.com is not responsible or liable for the deletion or failure to store information.
Exclusion of Warranties
EMACSCHOLARSHIP.COM SERVICES AND RELATED DOCUMENTATION ARE
PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS
SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THESE TERMS. EMACSCHOLARSHIP.COM DOES NOT REPRESENT OR WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS
SITE OR THE SERVER THAT MAKES IT AVAILABLE,
ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. EMACSCHOLARSHIP.COM DOES NOT WARRANT OR REPRESENT THAT THE USE OR
THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM
THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. UNDER NO
CIRCUMSTANCES WILL EMACSCHOLARSHIP.COM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED
BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE
SITE, FROM THIRD PARTIES (SUCH AS EXPERTS OR OTHERS) OR A LINKED
SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD
PARTY OR A LINKED SITE.
Limitation of Liabilities
IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES
OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOSS OF BUSINESS) ARISING OUT
OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS
AGREEMENT BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY
THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES
YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR
(B) $100.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnification
You agree to indemnify, defend and hold Simple-Answers.com, any and all parent,
subsidiary, or affiliate organizations, officers, agents and employees, harmless
from any claim, demand, or damage, including reasonable attorneys' fees,
asserted by any third party that are in any way due to or arising out of your
use of or conduct on the Service. EMACscholarship.com shall provide you
reasonable notice of such claim.
Termination or Suspension
of Service
We reserve the right to terminate your service at any time without cause or
notice. In addition, we reserve the right to suspend your account indefinitely
if we suspect any fraudulent or inappropriate activity is being conducted
through the use of the Site (such as, for example, unauthorized use of a credit
card) and such suspension will remain in effect until we are satisfied in our
sole judgment that such activity is not occurring.
EMACscholarship.com shall have no obligation to maintain any content in your account.
Termination does not affect your liability or obligations under this Agreement.
No Endorsement of Non-EMACscholarship.com
Entity; No Relationship with Users
EMACscholarship.com may endeavor to offer to its users products and services
offered by non-EMACscholarship.com entities. Placement of information, logos,
links or names of such non-EMACscholarship.com entities on the
EMACscholarship.com site does not constitute an endorsement or warranty of these
entities, their products or services. Users take full responsibility for a
decision to visit or patronize any such entity and hold EMACscholarship.com
harmless from any liability arising from such actions. You further acknowledge
that no relationship (such as partnership, agent, joint venture, or employee) is
created between you and EMACscholarship.com or between any user and
EMACscholarship.com by formation of this Agreement (or any of the Related
Agreements) or by your participation on the site.
IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. THE MATERIALS AND CONTENT PROVIDED BY EMACSCHOLARSHIP.COM AND ITS PROVIDERS ARE NOT INTENDED TO AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. REGISTRATION OR ENROLLMENT FOR THE SERVICE AND ACCEPTANCE OF A NEW ACCOUNT DOES NOT CREATE A PROFESSIONAL-CLIENT RELATIONSHIP AND ARE NOT THE SUBJECT OF PRIVILEGE AND CONFIDENTIALITY STANDARDS ASSOCIATED THEREWITH.
Proprietary Rights of
Content
You acknowledge and agree that EMACscholarship.com owns the rights to its
website EMACscholarship.com and all content displayed on the Site. You
acknowledge that all content, including but not limited to text, software,
music, sound, photographs, video, graphics or other material contained in
listings, sponsor advertisements or email-distributed, commercially produced
information presented to you by the Service, by Simple-Answers.com,
EMACscholarship.com users, or EMACscholarship.com Advertisers or other content
providers, is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. You may not modify, copy, reproduce,
republish, upload, post, transmit, or distribute in any way content available
through the Service, including code and software for commercial purposes. For
permission to use third party materials appearing on the Site, please contact
the copyright owner. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting of information
or materials on the Site does not constitute a waiver of any right in such
information and materials.
You agree that any content or information provided on the Site, whether as a question or answer, will not be considered confidential and may be used by Simple-Answers.com. In addition, you agree that any materials or ideas submitted on the Site or to the Site administrator or any employee, officer or agent of Simple-Answers.com, will not be considered confidential and may be used by Simple-Answers.com, in its sole discretion, without any obligation to compensate for its use of the ideas and without any obligation to return any submitted materials. You hereby grant EMACscholarship.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to create derivative works thereof, that you have in your content and information, in any media now known or not currently known, with respect to any such content or information.
Press Release Information
The Site may contain information and press releases about us. While this
information was believed to be accurate as of the date prepared, we disclaim any
duty or obligation to update this information or any press releases. Information
about companies other than ours contained in the press release or otherwise,
should not be relied upon as being provided or endorsed by us.
Disputes, Assignment, and
Governing Law
These Terms and the related Agreements constitute the complete and exclusive
statement of the Agreement between you and us. It supersedes any and all prior
or contemporaneous agreement, oral or written, and any other communications,
representations, warranties and understanding relating to the subject matter of
this Agreement. If there is a conflict between an oral representation of any
EMACscholarship.com employee or agent and the terms of this Agreement, the terms
of this Agreement will prevail. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement, the terms of
this Agreement will prevail.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. You and EMACscholarship.com agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You may not assign this Agreement to any other party. EMACscholarship.com shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on the part of EMACscholarship.com in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.
This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law provisions. Each party using our website or services agrees to the exclusive jurisdiction of the courts of the State of Florida, and agrees that venue for any action resulting from this Agreement or the use of our Services shall be in Broward County, Florida and waives any and all jurisdictional, venue or inconvenient forum objections.
